A part-time justice court judge has requested an opinion from the Ethics Advisory Committee on the following three questions:

1. May a judge attend and observe an administrative check point that the judge has authorized?

2. May a judge attend an administrative check point that the judge has authorized, if the judge is attending as a member of the county emergency services team?

3. May a judge ride with law enforcement officers on patrol to observe law enforcement field procedures and otherwise gain knowledge about law enforcement operations?

Resolution of these questions involves Canons 2A and 2B. Canon 2A states: "A judge . . . should exhibit conduct that promotes public confidence in the integrity and impartiality of the judiciary." Canon 2B states that a judge shall not "convey or permit others to convey the impression that they are in a special position to influence the judge."

In previous opinions, the committee has cautioned judges to avoid professional settings which create the appearance of partiality or that convey the impression that a particular group is in a special position of influence. For example, in Informal Opinion 90-2, we stated that a judge is prohibited from participating in a moot court program conducted for the benefit of peace officers. Participation was prohibited, in part, because the judge would be interacting with only a "single component of the criminal justice system." The single component interaction creates the appearance of impropriety and creates the impression that peace officers "are in a position of special influence with the judge if demeanor or credibility become an issue in a proceeding."

Attending an administrative check point or riding with a law enforcement officer involves professional interaction with a single component of the criminal justice system. This is true even if the judge is simply an observer. It is the attendance at the event, and not the judge's role, which creates the appearance of partiality, and persons aware of this situation could reasonably question the impartiality of the judge. The situation may also create the impression that law enforcement is in a special position to influence the judge. A judge should not participate in these activities, whether as an observer or as a member of an emergency team.

The committee is also concerned that attendance at the checkpoint or on the "ride along" would require disqualification in any case that results from these situations. By attending a check point or riding with law enforcement, the judge is placed in the position of receiving information outside of a court case, or the judge may become a witness to criminal activity. The judge may also be in a position of receiving improper ex parte communications in violation of Canon 3B(7). In any of these situations, the judge would then be required to enter disqualification. A judge should avoid situations that will require disqualification.

In conclusion, the committee is of the opinion that a judge should not attend an administrative check point or participate in a "ride along" with a law enforcement officer. These situations create the appearance of partiality and create the impression that law enforcement officers may be in a special position of influence.